10 U.S.C. § 12304

Editorial Notes

References in Text

Pub. L. 93–148Nov. 7, 197387 Stat. 555 section 1541 of Title 50The War Powers Resolution, referred to in subsec. (i), is , , , which is classified generally to chapter 33 (§ 1541 et seq.) of Title 50, War and National Defense. For complete classification of this Resolution to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 118–31, § 1532(1)2023—Subsec. (a). , struck out “for any named operational mission” after “active forces”.

Pub. L. 118–31, § 1532(3)Subsec. (c). , added subsec. (c). Former subsec. (c) redesignated (d).

Pub. L. 118–31, § 1532(2)Subsec. (d). , redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Pub. L. 118–31, § 1532(4)Subsec. (d)(1). , inserted “or subsection (c)” after “subsection (b)”.

Pub. L. 118–31, § 1532(2)Subsecs. (e), (f). , redesignated subsecs. (d) and (e) as (e) and (f), respectively. Former subsec. (f) redesignated (g).

Pub. L. 118–31, § 1532(2)Subsec. (g). , (5), redesignated subsec. (f) as (g) and inserted “or subsection (c)” after “subsection (a)”. Former subsec. (g) redesignated (h).

Pub. L. 118–31, § 1532(2)Subsec. (h). , (6), redesignated subsec. (g) as (h) and amended it generally. Prior to amendment, text read as follows: “Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under authority of subsection (a), the service of all units or members so ordered to active duty may be terminated by—

“(1) order of the President, or

“(2) law.”

Former subsec. (h) redesignated (i).

Pub. L. 118–31, § 1532(2)Subsecs. (i), (j). , redesignated subsecs. (h) and (i) as (i) and (j), respectively. Former subsec. (j) redesignated (k).

Pub. L. 118–31, § 1532(7)Subsec. (k). , added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.

Pub. L. 118–31, § 1532(2), redesignated subsec. (j) as (k).

Pub. L. 115–2322018—Subsec. (c)(1). substituted “chapter 13” for “chapter 15”.

Pub. L. 112–812011—Subsec. (a). inserted “named” before “operational mission” and substituted “365 consecutive days” for “365 days”.

Pub. L. 110–181, § 1063(a)(15)2008—Subsec. (a). , struck out second period at end.

Pub. L. 110–181, § 1068(c)section 12406 of this titlesection 12406 of this titleSubsec. (c)(1). , substituted “No unit or member of a reserve component may be ordered to active duty under this section to perform any of the functions authorized by chapter 15 or or, except as provided in subsection (b),” for “Except to perform any of the functions authorized by chapter 15 or or by subsection (b), no unit or member of a reserve component may be ordered to active duty under this section”.

Pub. L. 109–364, § 522(a)2006—Subsec. (a). , substituted “365 days.” for “270 days”.

Pub. L. 109–364, § 1076(c)section 12406 of this titlesection 12406 of this titleSubsec. (c)(1). , substituted “Except to perform any of the functions authorized by chapter 15 or or by subsection (b), no unit or member of a reserve component may be ordered to active duty under this section” for “No unit or member of a reserve component may be ordered to active duty under this section to perform any of the functions authorized by chapter 15 or or, except as provided in subsection (b),”.

Pub. L. 109–364, § 522(b)Subsecs. (i), (j). , added subsec. (i) and redesignated former subsec. (i) as (j).

Pub. L. 108–3752004—Subsec. (a). struck out “(other than for training)” after “active duty”.

Pub. L. 108–136, § 515(1)2003—Subsec. (b)(2). , substituted “significant” for “catastrophic”.

Pub. L. 108–136, § 515(2)Subsec. (c)(3). , added par. (3).

Pub. L. 107–2962002—Subsec. (a). substituted “of Homeland Security” for “of Transportation”.

Pub. L. 107–314Subsec. (b). substituted “involving—

“(1) a use or threatened use of a weapon of mass destruction; or

“(2) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in catastrophic loss of life or property.”

for “involving a use or threatened use of a weapon of mass destruction.”

Pub. L. 107–296Subsecs. (e), (f). substituted “of Homeland Security” for “of Transportation”.

Pub. L. 105–261, § 511(a)(1)(A)1998—Subsec. (a). , (3)(A), inserted heading and inserted “or that it is necessary to provide assistance referred to in subsection (b)” after “operational mission” in text.

Pub. L. 105–261, § 511(a)(1)(D)Subsec. (b). , added subsec. (b). Former subsec. (b) redesignated subsec. (c)(1).

Pub. L. 105–261, § 511(a)(1)(B)Subsec. (c). , (C), redesignated subsec. (b) as par. (1) of subsec. (c), inserted subsec. heading, substituted “or, except as provided in subsection (b), to provide” for “, or to provide”, and redesignated former subsec. (c) as par. (2).

Pub. L. 105–261, § 511(a)(3)(B)Subsecs. (d) to (h). –(F), inserted headings.

Pub. L. 105–261, § 511(a)(2)section 10144(b) of this titleSubsec. (i). , amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: “For purposes of this section, the term ‘Individual Ready Reserve mobilization category’ means, in the case of any reserve component, the category of the Individual Ready Reserve described in .”

Pub. L. 105–85, § 511(e)(1)1997—, inserted “and certain Individual Ready Reserve members” after “Selected Reserve” in section catchline.

Pub. L. 105–85, § 511(b)Subsec. (a). , inserted “or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned,” after “of this title),”.

Pub. L. 105–85, § 511(c)Subsec. (c). , inserted “and the Individual Ready Reserve” after “Selected Reserve” and “, of whom not more than 30,000 may be members of the Individual Ready Reserve” before period at end.

Pub. L. 105–85, § 511(d)(1)Subsec. (f). , inserted “or Individual Ready Reserve” after “Selected Reserve”.

Pub. L. 105–85, § 511(d)(2)Subsec. (g). , inserted “, or any member of the Individual Ready Reserve,” after “to serve as a unit” in introductory provisions.

Pub. L. 105–85, § 511(d)(3)Subsec. (i). , added subsec. (i).

Pub. L. 103–337, § 1662(e)(2)section 673b of this title1994—, renumbered as this section.

Pub. L. 103–337, § 1675(c)(2)(A)Subsec. (a). , (B), substituted “12302(a)” for “673(a)” and “10143(a)” for “268(b)”.

Pub. L. 103–337, § 511(a)(1), substituted “270 days” for “90 days”.

Pub. L. 103–337, § 1675(c)(2)(C)Subsec. (b). , substituted “12406” for “3500 or 8500”.

Pub. L. 103–337, § 511(a)(2)Subsec. (i). , struck out subsec. (i) which read as follows: “When a unit of the Selected Reserve, or a member of the Selected Reserve not assigned to a unit organized to serve as a unit of the Selected Reserve, is ordered to active duty under this section and the President determines that an extension of the service of such unit or member on active duty is necessary in the interests of national security, he may authorize the Secretary of Defense and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy to extend the period of such order to active duty for a period of not more than 90 additional days. Whenever the President exercises his authority under this subsection, he shall immediately notify Congress of such action and shall include in the notification a statement of reasons for the action. Nothing in this subsection shall be construed as limiting the authorities to terminate the service of units or members ordered to active duty under this section under subsection (g).”

Pub. L. 99–661, § 521(c)(1)1986—Subsec. (b). , substituted “reserve component” for “Reserve component”.

Pub. L. 99–661, § 521(a)Subsec. (c). , substituted “200,000” for “100,000”.

Pub. L. 99–661, § 521(c)(2)Subsec. (e). , substituted “armed forces” for “Armed Forces”.

Pub. L. 99–661, § 521(c)(3)Subsec. (f). , substituted “Congress” for “the Speaker of the House of Representatives and to the President pro tempore of the Senate”.

Pub. L. 99–661, § 521(c)(4)Subsec. (g)(2). , substituted “law” for “a concurrent resolution of the Congress”.

Pub. L. 99–661, § 521(b)Subsec. (i). , added subsec. (i).

Pub. L. 97–29550 U.S.C. 15411982—Subsec. (h). inserted “( et seq.)” after “the War Powers Resolution”.

Pub. L. 96–5841980—Subsec. (c). substituted “100,000” for “50,000”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–296section 1704(g) of Pub. L. 107–296section 101 of this titleAmendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–337Dec. 1, 1994section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by sections 1662(e)(2) and 1675(c)(2) of effective , except as otherwise provided, see , set out as an Effective Date note under .

Orders to Active Duty for Selected Reserve Combat Units Involved in Operation Desert Shield; Extensions of Time for Fiscal Year 1991

Pub. L. 101–511, title VIII, § 8132Nov. 5, 1990104 Stat. 1908 , , , provided that, during fiscal year 1991, the President, in authorizing under this section the order to active duty of units and members of the Selected Reserve, could use that authority in the case of orders to active duty in support of operations in and around the Arabian Peninsula and Operation Desert Shield as if “180” were substituted for “90” in subsecs. (a) and (i) of this section.

Executive Documents

Ex. Ord. No. 12727. Ordering Selected Reserve of Armed Forces to Active Duty

Aug. 22, 1990Feb. 28, 2003Ex. Ord. No. 12727, , 55 F.R. 35027, as amended by Ex. Ord. No. 13286, § 39, , 68 F.R. 10626, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 673b [now 12304] of title 10 of the United States Code, I hereby determine that it is necessary to augment the active armed forces of the United States for the effective conduct of operational missions in and around the Arabian Peninsula. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when the latter is not operating as a service in the Department of the Navy, to order to active duty units and individual members not assigned to units, of the Selected Reserve.

This order is intended only to improve the internal management of the executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

This order shall be published in the Federal Register and transmitted promptly to the Congress.

Ex. Ord. No. 12733. Authorizing Extension of Period of Active Duty of Personnel of Selected Reserve of Armed Forces

Nov. 13, 1990Feb. 28, 2003Ex. Ord. No. 12733, , 55 F.R. 47837, as amended by Ex. Ord. No. 13286, § 37, , 68 F.R. 10626, provided:

August 22, 1990By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 673b(i) [673b now 12304] of title 10 of the United States Code, I hereby determine that, in the interests of national security, extending the period of active duty is necessary for the following: units of the Selected Reserve, and members of the Selected Reserve not assigned to a unit organized to serve as a unit of the Selected Reserve, now serving on or hereafter ordered to active duty pursuant to section 673b(a) [now 12304(a)] of title 10 of the United States Code and Executive Order No. 12727 of [set out above]. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when the latter is not operating as a service in the Department of the Navy, to extend the period of active duty of such units and members of the Selected Reserve.

This order is intended only to improve the internal management of the executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

This order shall be published in the Federal Register and transmitted promptly to the Congress.

Ex. Ord. No. 12927. Ordering Selected Reserve of Armed Forces to Active Duty

Sept. 15, 1994Ex. Ord. No. 12927, , 59 F.R. 47781, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 673b [now 12304] of title 10 of the United States Code, I hereby determine that it is necessary to augment the active armed forces of the United States for the effective conduct of operational missions to restore the civilian government in Haiti. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, to order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit, of the Selected Reserve.

This order is intended only to improve the internal management of the executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

This order is effective immediately and shall be published in the Federal Register and transmitted to the Congress.

Ex. Ord. No. 12982. Ordering Selected Reserve of Armed Forces to Active Duty

Dec. 8, 1995Feb. 28, 2003Ex. Ord. No. 12982, , 60 F.R. 63895, as amended by Ex. Ord. No. 13286, § 21, , 68 F.R. 10624, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 12304 of title 10, United States Code, I hereby determine that it is necessary to augment the active armed forces of the United States for the effective conduct of operations in and around former Yugoslavia. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, to order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit, of the Selected Reserve.

This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

This order shall be published in the Federal Register and transmitted to the Congress.

Ex. Ord. No. 13076. Ordering Selected Reserve of Armed Forces to Active Duty

Feb. 24, 1998Feb. 28, 2003Ex. Ord. No. 13076, , 63 F.R. 9719, as amended by Ex. Ord. No. 13286, § 17, , 68 F.R. 10623, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 12304 of title 10, United States Code, I hereby determine that it is necessary to augment the active armed forces of the United States for the effective conduct of operations in and around Southwest Asia. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, to order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit, of the Selected Reserve.

This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

Ex. Ord. No. 13120. Ordering Selected Reserve and Certain Individual Ready Reserve Members of Armed Forces to Active Duty

Apr. 27, 1999Feb. 28, 2003Ex. Ord. No. 13120, , 64 F.R. 23007, as amended by Ex. Ord. No. 13286, § 14, , 68 F.R. 10623, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 12304 of title 10, United States Code, I hereby determine that it is necessary to augment the active armed forces of the United States for the effective conduct of operations in and around the former Yugoslavia related to the conflict in Kosovo. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, under their respective jurisdictions, to order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit, of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, and to terminate the service of those units and members ordered to active duty.

This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

Ex. Ord. No. 13529. Ordering the Selected Reserve and Certain Individual Ready Reserve Members of the Armed Forces to Active Duty

Jan. 16, 2010Ex. Ord. No. 13529, , 75 F.R. 3331, provided:

January 12, 2010By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 12304 of title 10, United States Code, I hereby determine that it is necessary to augment the active Armed Forces of the United States for the effective conduct of operational missions, including those involving humanitarian assistance, related to relief efforts in Haiti necessitated by the earthquake on . Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, under their respective jurisdictions, to order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit, of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, and to terminate the service of those units and members ordered to active duty.

This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Ex. Ord. No. 13680. Ordering the Selected Reserve and Certain Individual Ready Reserve Members of the Armed Forces to Active Duty

Oct. 16, 2014Ex. Ord. No. 13680, , 79 F.R. 63287, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 12304 of title 10, United States Code, I hereby determine that it is necessary to augment the active Armed Forces of the United States for the effective conduct of Operation United Assistance, which is providing support to civilian-led humanitarian assistance and consequence management support related to the Ebola virus disease outbreak in West Africa. In furtherance of this operation, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, under their respective jurisdictions, to order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, and to terminate the service of those units and members ordered to active duty.

This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Ex. Ord. No. 13919. Ordering the Selected Reserve of the Armed Forces to Active Duty

Apr. 30, 2020Ex. Ord. No. 13919, , 85 F.R. 26591, provided:

section 12304 of title 10By the authority vested in me as President by the Constitution and the laws of the United States of America, including , United States Code, and having determined that it is necessary to augment the regular Armed Forces of the United States for a named operational mission, specifically the “Enhanced Department of Defense Counternarcotic Operation in the Western Hemisphere,” I hereby order as follows:

SectionActivation Authority 1. . The Secretary of Defense is directed to order to active duty for not more than 365 consecutive days, any units, and any individual members not assigned to a unit organized to serve as a unit, of the Selected Reserve under the jurisdiction of the Secretary of Defense, not to exceed 200 Selected Reservists at any one time, as he considers necessary.

Sec.General Provisions 2. . (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.